2024-26059: Defense Federal Acquisition Regulation Supplement: Updates to the Definition of Departments and Agencies (DFARS Case 2024-D026)

Federal Register, Volume 89 Issue 221 (Friday, November 15, 2024) [Federal Register Volume 89, Number 221 (Friday, November 15, 2024)] [Rules and Regulations] [Pages 90232-90233] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-26059] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 202 [Docket DARS-2024-0033] RIN 0750-AM23 Defense Federal Acquisition Regulation Supplement: Updates to the Definition of Departments and Agencies (DFARS Case 2024-D026)

Agency

Defense Acquisition Regulations System, Department of Defense (DoD).

Action

Final rule. -----------------------------------------------------------------------

Summary

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to provide updates to the existing definition of ``departments and agencies.''

Dates

Effective November 15, 2024.

For Further Information Contact

Tonya De Saussure, telephone (202) 805-1388.

Supplementary Information

I. Background

This final rule revises the DFARS definition of ``departments and agencies'' at DFARS 202.101, Definitions, to add recently established defense agencies. This update is part of a periodic policy review to ensure the accuracy of the regulation. The last update to this definition occurred on January 30, 2013 (77 FR 76938), under DFARS case 2012-D045.

II. Publication of This Final Rule for Public Comment Is Not Required

by Statute The statute that applies to the publication of the Federal Acquisition Regulation (FAR) is 41 U.S.C. 1707, Publication of Proposed Regulations. Subsection (a)(1) of the statute requires that a procurement policy, regulation, procedure, or form (including an amendment or modification thereof) must be published for public comment if it relates to the expenditure of appropriated funds and has either a significant effect beyond the internal operating procedures of the agency issuing the policy, regulation, procedure, or form, or has a significant cost or administrative impact on contractors or offerors. This final rule is not required to be published for public comment, because it does not have a significant effect beyond the internal operating procedures of DoD. The final rule provides for recent additions to the defense agencies identified in the definition of ``departments and agencies.''

III. Applicability to Contracts At or Below the Simplified Acquisition

Threshold (SAT), for Commercial Products (Including Commercially Available Off-the-Shelf (COTS) Items), and for Commercial Services This final rule does not create any new solicitation provisions or contract clauses. It does not impact any existing solicitation provisions or contract clauses or their applicability to contracts valued at or below the simplified acquisition threshold, for commercial products including COTS items, or for commercial services.

IV. Executive Orders 12866 and 13563

Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is not a significant regulatory action and, therefore, was not subject to review under section 6(b) of E.O. 12866, Regulatory Planning and Review, as amended.

V. Congressional Review Act

As required by the Congressional Review Act (5 U.S.C. 801-808) before an interim or final rule takes effect, DoD will submit a copy of the interim or final rule with the form, Submission of Federal Rules under the Congressional Review Act, to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States. A major rule under the Congressional Review Act cannot take effect until 60 days after it is published in the Federal Register. The Office of Information and Regulatory Affairs has determined that this rule is not a major rule as defined by 5 U.S.C. 804.

VI. Regulatory Flexibility Act

The Regulatory Flexibility Act does not apply to this rule because this final rule does not constitute a significant DFARS revision within the meaning of FAR 1.501-1, and 41 U.S.C. 1707 does not require publication for public comment. [[Page 90233]]

VII. Paperwork Reduction Act

This final rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35). List of Subjects in 48 CFR Part 202 Government procurement. Jennifer D. Johnson, Editor/Publisher, Defense Acquisition Regulations System. Therefore, the Defense Acquisition Regulations System amends 48 CFR part 202 as follows: 0